"connector bus" means a commercial passenger vehicle when it is operated exclusively between one fixed terminating point (the "base") and another fixed terminating point (the "facility") that is a port, as that word is defined in section 5 of the Canada Marine Act, an airport or a terminal operated by a ferry operator, as that term is defined in the Coastal Ferry Act, if

(a) in travelling from the base to the facility, all passengers picked up at or after the base are dropped off only at the facility,

(b) in travelling from the facility to the base, the commercial passenger vehicle carries as passengers only those passengers who were picked up at the facility and drops off those passengers at or before the base, and

(c) the licensee operating the commercial passenger vehicle has written authorization from the operator of the facility to pick up passengers at that facility;

"perimeter seating", with respect to a commercial passenger vehicle, means seats provided for passengers in the vehicle that are primarily located along the sides or at the rear of the commercial passenger vehicle;

"unaccompanied minor" means a minor who is not accompanied, while receiving service in a perimeter seating bus, by the minor's legal guardian;

"volunteer driver" means a person who

(a) drives a commercial passenger vehicle for a charitable association, and

(b) receives no compensation for the services described in paragraph (a) other than reimbursement for the operating costs attributable to the provision of that service.

(2) A motor vehicle that can accommodate a driver and not more than 11 passengers is a car pool vehicle on any day if

(a) on that day, the motor vehicle is used for no purpose other than to transport passengers on one return trip between

(i) the residences of any or all of the driver and the passengers, and

(ii) the respective places of employment of the driver and passengers, or a common destination, and

(b) neither the driver nor the operator receives any compensation for that transportation other than contributions for operating costs, which contributions do not, in the aggregate, exceed the operating costs that are attributable to the return trip referred to in paragraph (a).

(3) A motor vehicle is a passenger transportation pool vehicle on any day if

(a) on that day, the motor vehicle is operated on a highway to transport passengers and

(i) the transportation of passengers is from the residences of any or all of the driver and the passengers to a place of employment or to a common destination, or

(ii) the passengers are the employees of the owner or operator of the motor vehicle and the transportation is to and from a place of employment,

(b) on that day, the motor vehicle is operated under a transportation pooling arrangement sponsored and coordinated by an organization working with the government of Canada, the government of British Columbia, a local government body or any combination of these government bodies, and

(c) the fees charged to the passengers do not, in the aggregate, exceed the amount that the driver or operator requires for the operating costs attributable to the transportation referred to in paragraph (a) and for the capital costs of the motor vehicle.

Inter-city buses

2(1) A commercial passenger vehicle is excluded from the definition of "inter-city bus" when it is operated in accordance with the following:

(a) the commercial passenger vehicle

(i) picks up passengers from one or more locations in a municipality,

(ii) transports those passengers to a location outside of the originating municipality, and

(iii) returns those passengers to the originating municipality;

(b) no passengers board the bus other than those passengers referred to in paragraph (a) (i);

(c) none of the passengers referred to in paragraph (a) (i) disembark in the originating municipality without having first gone to the location referred to in paragraph (a) (ii).

(2) A connector bus is excluded from the definition of "inter-city bus".

(3) The municipalities prescribed for the purposes of paragraph (a) of the definition of "inter-city bus" in the Act are the municipalities incorporated under the Local Government Act other than the municipalities located in the Greater Vancouver Regional District or in the Capital Regional District.

(4) The regional districts prescribed for the purposes of paragraph (a) of the definition of "inter-city bus" in the Act are the regional districts incorporated under the Local Government Act other than the Capital Regional District and the Greater Vancouver Regional District.

(5) A commercial passenger vehicle

(a) is excluded from the definition of "inter-city bus" when it is operated on a set time schedule

(i) between a location in the Capital Regional District and another location inside the Capital Regional District, or

(ii) between a location in the Greater Vancouver Regional District and another location inside the Greater Vancouver Regional District, and

(b) is included in the definition of "inter-city bus" when it is operated on a set time schedule

(i) between a location in the Capital Regional District and another location outside the Capital Regional District, whether in British Columbia or not, or

(ii) between a location in the Greater Vancouver Regional District and another location outside the Greater Vancouver Regional District, whether in British Columbia or not.

[am. B.C. Reg. 247/2010, Sch. s. 1 (a).]

Passenger directed vehicles

3(1) Subject to subsection (3), the number of passengers prescribed for the purposes of paragraph (a) of the definition of "passenger directed vehicle" is 11.

(2) The following commercial passenger vehicles are excluded from the definition of "passenger directed vehicle":

(a) Repealed. [B.C. Reg. 168/2006, s. (a).]

(b) a commercial passenger vehicle that is used only to transfer

(i) persons who have a disability, either permanent or temporary, confirmed by a medical practitioner, that is sufficiently severe that the person is physically unable without assistance to use conventional transit service, and

(ii) any person accompanying a person referred to in subparagraph (i);

(c) a commercial passenger vehicle when it is being operated for the transportation of passengers if the transportation is arranged or brokered on behalf of all of the passengers by a travel agent or travel wholesaler, as those terms are defined in the Business Practices and Consumer Protection Act, as part of a tour package that includes at least one night's accommodation for all of the passengers at a place other than their respective residences;

(d) a commercial passenger vehicle when it is being operated for the transportation of passengers in the following circumstances:

(i) the transportation begins outside British Columbia and the passengers that are transported by the commercial passenger vehicle board the commercial passenger vehicle outside British Columbia;

(ii) a portion of the transportation is within British Columbia, whether or not the passengers leave the commercial passenger vehicle during that time;

(iii) no passengers, other than those referred to in subparagraph (i), are picked up or transported by the commercial passenger vehicle in British Columbia.

(3) A commercial passenger vehicle with perimeter seating, regardless of how many passengers the commercial passenger vehicle can accommodate, is included in the definition of "passenger directed vehicle".

Peace officers

4Persons employed by the minister's ministry as motor carrier inspectors or as passenger transportation inspectors are authorized to exercise the powers conferred on, and perform the duties of, peace officers for the purposes of enforcing the Act and this regulation.

[am. B.C. Reg. 4/2010, s. 3.]

Exemptions

5The provisions of the Act and this regulation do not apply to the following:

(a) a commercial passenger vehicle operated by

(i) the government,

(ii) the government of any other province or territory of Canada,

(iii) the federal government, or

(iv) the government of the United States of America or of any state of that country;

(b) a commercial passenger vehicle operated solely by a municipality or regional district, when that vehicle is being operated within the boundaries of the municipality or regional district;

(e) a hearse or funeral coach or other commercial passenger vehicle when it is being operated for the purpose of a funeral;

(f) a commercial passenger vehicle when it is being operated in Yoho National Park or Kootenay National Park;

(g) a car pool vehicle;

(h) a passenger transportation pool vehicle;

(i) a commercial passenger vehicle when it is operated by a society for a primary purpose of the society, or by a charitable association for a primary purpose of the charitable association, if passenger transportation is not a primary purpose of the society or charitable association;

(j) a commercial passenger vehicle when it is being operated by a volunteer driver for the transportation of a passenger to and from a place at which the passenger seeks health care treatment;

(k) a school bus;

(l) a commercial passenger vehicle when it is being operated

(i) by or on behalf of a community care facility to transport persons in care in the facility to or from the facility,

(ii) by or on behalf of an assisted living residence to transport residents of the residence to or from the residence;

(m) a commercial passenger vehicle when it is being operated by a motor dealer within the meaning of the Motor Dealer Act;

(n) a commercial passenger vehicle when it is being operated by a real estate agent within the meaning of the Real Estate Act;

(o) a commercial passenger vehicle when

(i) the operator of the commercial passenger vehicle is operating the vehicle in the course of providing care, including hygiene, meal preparation, light housecleaning or shopping, to clients who require personal assistance with activities of daily living,

(ii) the arrangement or provision of that transportation is not a primary business of that operator, and

(iii) no compensation is directly charged or collected for the provision of the transportation portion of the service being provided to that client by the operator;

(p) an auxiliary passenger vehicle.

[am. B.C. Regs. 66/2005, s. 2; 168/2006, s. (b).]

Expiry of licence under section 34 (6.2) of the Act

5.1For the purposes of section 34 (6.2) (a) of the Act, the prescribed number of days is 60.

[en. B.C. Reg. 247/2010, Sch. s. 1 (b).]

Part 2 — Operation of Commercial Passenger Vehicles

Licensee must retain care and control of commercial passenger vehicles

6(1) A licensee must retain the care and control of every commercial passenger vehicle that is operated under the licence and must do all things necessary to

(a) ensure that the Act and this regulation are complied with, including, without limitation, to ensure that each commercial passenger vehicle that is operated under a licence is operated in compliance with the terms and conditions of the licence and in compliance with any rates approved or set by the board under section 7 (1) (f) of the Act and any rules made in relation to those rates under section 7 (1) (g) of the Act, and

(b) secure observance of the Act and of this regulation by

(i) every driver of each commercial passenger vehicle that is operated under the licence,

(ii) every operator of each commercial passenger vehicle that is operated under the licence, and

(iii) every other officer, agent and employee of the licensee.

(2) Nothing in subsection (1) requires the licensee to be the driver of a commercial passenger vehicle operated under the licence.

Drivers

7A licensee must ensure that the driver of a commercial passenger vehicle operated under the licence

(a) is licensed to drive a motor vehicle of that type,

(b) is not, at any time while operating the commercial passenger vehicle, under the influence of any intoxicating liquor or drugs, and

(c) does not, at any time while operating the commercial passenger vehicle, smoke any substance.

Limitation on number of passengers

8At no time during its operation may a commercial passenger vehicle contain more persons than the carrying capacity of the commercial passenger vehicle.

When passengers may stand

9(1) Passengers in a commercial passenger vehicle must not stand while that commercial passenger vehicle is in motion unless

(a) the number of passengers standing does not exceed the lesser of

(i) the number determined in accordance with the calculations set out in section 10.03 (2) and (3) of the Motor Vehicle Act Regulations, and

(ii) the number of handholds, straps, rails or other pieces of equipment available in the commercial passenger vehicle to provide support for standing passengers,

(b) the vision or movement of the driver is not impaired in any way by the persons standing, and

(c) one of the following applies:

(i) the commercial passenger vehicle is a general passenger vehicle and the commercial passenger vehicle is being operated

(A) during the months of May to October in any year,

(B) within a park under contract with the parks board having responsibility for that park, and

(C) at a speed that does not exceed 30 kilometres per hour;

(ii) the commercial passenger vehicle is an inter-city bus and the licence that authorizes the commercial passenger vehicle to be operated as an inter-city bus expressly authorizes passengers to stand while the commercial passenger vehicle is in motion;

(iii) and (iv) Repealed. [B.C. Reg. 33/2010, s. 2.]

(v) the commercial passenger vehicle is a general passenger vehicle and the commercial passenger vehicle is being operated

(A) to transport passengers over a route that includes an airport or a cruise ship terminal and that does not exceed a distance of 5 kilometres, and

(B) at a speed that does not exceed 50 kilometres per hour.

(2) While a commercial passenger vehicle is in motion, passengers, other than those who are standing in accordance with subsection (1), must be seated in the seats provided for passengers in the commercial passenger vehicle.

[am. B.C. Regs. 230/2005; 33/2010, ss. 1 and 2; 44/2015.]

Restrictions on entering or leaving a commercial passenger vehicle

10(1) Passengers must not enter or leave a commercial passenger vehicle unless

(a) a clear and unobstructed segment of the traveled portion of the highway is left free for the passage of other motor vehicles, or

(b) the commercial passenger vehicle may be seen clearly from a distance of 85 metres in either direction on the highway on which the commercial passenger vehicle is traveling.

(2) Passengers must not enter or leave a commercial passenger vehicle while the commercial passenger vehicle is in motion.

Restriction on collecting fares while commercial passenger vehicle is in motion

11Fares must not be collected while the commercial passenger vehicle is in motion.

Driver or operator may refuse to transport passengers

12(1) The driver of a commercial passenger vehicle may refuse transportation to persons who are smoking, conducting themselves in a disorderly manner, using profane or offensive language or are acting in such a manner as to be offensive to the driver or other passengers.

(2) If a driver requires a person to disembark for the reasons described in subsection (1), the driver must ensure that the person is not discharged from the commercial passenger vehicle unless the person can disembark safely and in a location where the person can reasonably be expected to find alternative transportation.

[am. B.C. Reg. 14/2008, Sch. s. 1.]

Restrictions on refusal of passengers by taxi drivers

12.1(1) In this section, "taxi driver" means the driver of a passenger directed vehicle that is operated under a licence that expressly authorizes the driver to convey passengers who hail or flag the passenger directed vehicle from the street, or who cause the passenger directed vehicle to be hailed or flagged from the street.

(2) A taxi driver who is available for the conveyance of passengers must not refuse to transport a passenger who hails the taxi driver or requests transportation in any manner unless the taxi driver has reasonable grounds to believe that any of the following circumstances apply:

(a) transporting the passenger would violate

(i) a provision of an enactment, or

(ii) a term or condition of the licence under which the vehicle is operated;

(b) transporting the passenger would endanger the health or safety of the driver or any passenger;

(c) the passenger refuses to pay, on request of the taxi driver, a deposit

(i) in an amount up to the estimated amount of compensation that would reasonably be owing at the end of the trip, and

(ii) in any form that is normally accepted as compensation by the licensee;

(d) any of the circumstances described in section 12 (1).

[en. B.C. Reg. 14/2008, Sch. s. 2.]

Consent required if unaccompanied minor in perimeter seating bus

12.2(1) In this section, "consent" means written consent given in accordance with subsection (5) for an unaccompanied minor to receive service in a perimeter seating bus.

(2) If a perimeter seating bus provides service to a passenger who is an unaccompanied minor, a licensee must

(a) ensure that consent is given in respect of the minor before the service is provided, and

(b) keep a copy of the consent for at least one year after the service date.

(3) Before providing service in a perimeter seating bus, the driver must

(a) require each passenger to provide government-issued identification showing the passenger's photograph and date of birth,

(b) examine the identification, and

(c) refuse to provide service to the following:

(i) an unaccompanied minor for whom there is no consent;

(ii) a person who fails to provide identification as described in paragraph (a);

(iii) a person who provides identification that the driver reasonably believes is not the person's own or has been altered or otherwise falsified.

(4) The driver of a perimeter seating bus in which an unaccompanied minor is a passenger must have in the driver's possession, at all times while the service is being provided, the consent given in respect of the minor.

12.3(1) If a perimeter seating bus provides service to one or more unaccompanied minors, a licensee must ensure that safety monitors meeting the requirements of subsection (3) are present as required under subsection (2) in the perimeter seating bus at all times while the service is being provided.

(2) For the purposes of subsection (1),

(a) if there are 15 or fewer unaccompanied minor passengers, there must be at least one safety monitor,

(b) if there are 16 to 30 unaccompanied minor passengers, there must be at least 2 safety monitors,

(c) if there are 31 to 45 unaccompanied minor passengers, there must be at least 3 safety monitors, and

(d) if there are more than 45 unaccompanied minor passengers, there must be at least 4 safety monitors.

(3) For the purposes of subsection (1), a safety monitor

(a) must be at least 25 years of age,

(b) must have the training and have undergone a background check as specified by the board,

(c) must be employed or retained by the licensee, and

(d) must not be the driver of the perimeter seating bus.

(4) A safety monitor must do all of the following:

(a) before service is provided, inform all passengers of

(i) the safety monitor's name and duties under this section, and

(ii) all restrictions and requirements respecting standing in and exiting the perimeter seating bus;

(b) at all times while the service is being provided,

(i) monitor compliance with those safety requirements of the Act and regulations relevant to passenger conduct, and

(ii) monitor the conduct of all passengers, whether minors or adults;

(c) if the safety monitor believes that the conduct of a passenger contravenes passenger safety requirements of the Act or regulations or may adversely affect the safety of any passenger, the safety monitor must immediately

(i) request the passenger to cease or not repeat the conduct, unless it would be unsafe for the safety monitor to do so, and

(ii) report the conduct to the driver.

[en. B.C. Reg. 249/2018, s. 3.]

Application to existing licensees

12.4(1) Sections 12.2 and 12.3 apply to a person who, on December 1, 2018, holds a licence to operate a perimeter seating bus as follows:

(a) section 12.2 applies only to services provided under a contract of service entered into on or after December 1, 2018;

(b) section 12.3 applies on and after the earliest of the following dates:

(i) April 1, 2019;

(ii) the date on which the licensee's special authorization is amended to authorize an additional vehicle.

(2) This section is repealed on April 1, 2020.

[en. B.C. Reg. 249/2018, s. 3.]

Part 3 — Condition of Commercial Passenger Vehicle

Commercial passenger vehicles must be in safe operating condition

13Commercial passenger vehicles must not be operated under a licence or temporary operating permit unless they are in a safe operating condition.

[am. B.C. Reg. 192/2008, s. 1.]

Defective vehicle must not proceed

14(1) If any part of a commercial passenger vehicle is or becomes defective so that continuing the operation of the commercial passenger vehicle could reasonably be expected to endanger the safety of a passenger, the commercial passenger vehicle must be brought to a stop and must not proceed to carry passengers until the defect is remedied or the danger is removed.

(2) Subject to subsection (3), if a defect referred to in subsection (1) occurs to, or is discovered in, a commercial passenger vehicle that is carrying passengers, the licensee must promptly

(a) transport those passengers, or

(b) arrange for those passengers to be transported

in a commercial passenger vehicle in respect of which a licence or temporary operating permit has been issued under the Act, to

(c) the intended destination, or

(d) a place where they can obtain accommodation or alternative transportation.

(3) If the licensee intends to transport passengers under subsection (2) (d) and determines that it is not possible to promptly provide or arrange transportation by means of a commercial passenger vehicle in respect of which a licence or temporary operating permit has been issued under the Act, the transportation may be provided by means of a motor vehicle in respect of which

(a) a motor vehicle liability policy has been issued, or

(b) proof of financial responsibility has been given under section 106 of the Motor Vehicle Act.

[am. B.C. Reg. 192/2008, s. 2.]

Obligation to report safety concerns

15(1) A licensee must require persons who drive a commercial passenger vehicle operated under the licence to provide promptly to the licensee, or to any person designated by the licensee for that purpose, a written report of any defect or deficiency in the commercial passenger vehicle that could affect the safe operation of the commercial passenger vehicle.

(2) A licensee who receives a report referred to in subsection (1) must

(a) inspect the commercial passenger vehicle, or have the commercial passenger vehicle inspected, to determine if there is a safety concern, and prepare or obtain a written report of the inspection, and

(b) if the inspection reveals a defect or deficiency in the commercial passenger vehicle that could affect the safe operation of the commercial passenger vehicle,

(i) have the commercial passenger vehicle repaired before it is used to transport passengers, and

(ii) prepare or obtain a written report of the repairs.

(3) A licensee must keep each report referred to in subsection (1), each report referred to in subsection (2) (a) and each report referred to in subsection (2) (b) for at least 2 years from date the report is prepared or received by the licensee, as the case may be.

Commercial passenger vehicle must have curbside exit

16There must be, on or in a commercial passenger vehicle, at least one door or other opening by which passengers may enter or leave the commercial passenger vehicle on the curb side of the commercial passenger vehicle.

Inspection required

17A commercial passenger vehicle for which a motor vehicle liability policy has been issued must be inspected in accordance with the requirements of Division 25 of the Motor Vehicle Act Regulations before

(a) any identifier, vehicle identification certificate, temporary operating permit or licence is issued or renewed for or in relation to the commercial passenger vehicle, or

(b) the transfer of any licence that is, after the transfer, to apply to the commercial passenger vehicle.

[am. B.C. Reg. 192/2008, s. 3.]

Part 4 — Identifiers and Vehicle Identification Certificates

Display of identifiers

18(1) When the registrar issues a licence that includes a special authorization, the registrar must issue to the licensee, for each of the commercial passenger vehicles in respect of which the special authorization is included, a special authorization vehicle identifier plate.

(2) A special authorization vehicle identifier plate must be of a material and design determined by the registrar, and is and remains the property of the government.

(i) in a conspicuous place at the front of the commercial passenger vehicle, and

(ii) in a horizontal position,

(b) affix each special authorization vehicle identifier issued for the commercial passenger vehicle to the designated place on the special authorization vehicle identifier plate, and

(c) ensure that during the term of a licence or a renewal licence, the special authorization vehicle identifier attached to the special authorization vehicle identifier plate is the identifier issued with the licence or the renewal licence, as the case may be.

(4) Repealed. [B.C. Reg. 192/2008, s. 4 (e).]

(5) A licensee must display, on each commercial passenger vehicle included in the general authorization, the general authorization vehicle identifier, in letters and figures at least 5 cm high,

(a) on the side directly below the driver's window,

(b) on the rear window, or

(c) on the rear bumper.

(6) A general authorization vehicle identifier and a special authorization vehicle identifier plate must at all times be kept unobstructed and free from dirt or foreign material, so that the numbers and letters may be plainly seen and read.

[am. B.C. Reg. 192/2008, s. 4.]

How special authorization vehicle identifiers and vehicle identification certificates are to be returned

19For the purposes of sections 30 and 45 of the Act, vehicle identification certificates and special authorization vehicle identifiers must be returned to the registrar, with the special authorization vehicle identifier plates provided under section 18 (1), by personal delivery or by registered mail.

[en. B.C. Reg. 192/2008, s. 5.]

Part 5 — Temporary Operating Permits

Maximum period for temporary operating permits

20(1) The maximum period for which a temporary operating permit may be issued to a licensee is 92 days.

(2) The maximum period for which a temporary operating permit may be issued to a person who is not a licensee is 7 consecutive days.

Restriction on temporary operating permits

21It is a term and condition of a temporary operating permit issued to persons who are not licensees that the holder of the temporary operating permit must not pick up passengers in British Columbia.

Part 6 — Administration

Index

22The following information must be maintained, in the index referred to in section 4 (1) (a) of the Act, for each licensee:

(a) the name and, if different, the business name, if any, of the licensee;

(b) the licensee's business address and business telephone number;

(c) the authorizations provided by the licensee's licence;

(d) the status of the licensee's licence;

(e) if the licence contains an authorization to operate one or more commercial passenger vehicles as passenger directed vehicles, the number of commercial passenger vehicles so authorized under the licence;

(f) the terms and conditions of the licensee's licence;

(g) any orders made under Part 6 of the Act in relation to the licensee or the licensee's licence.

Licence consolidation

23If a licence is required under the Motor Vehicle Transport Act (Canada) and the registrar, pursuant to powers granted to the registrar in that Act, has decided to issue such a licence, the registrar may consolidate with it a licence issued under the Passenger Transportation Act.

Part 7 — Fees

Fees payable to the registrar

24(1) Subject to subsections (2) to (4), there must be paid to the registrar the following fees:

(a)

for an application for the issue, amendment or transfer of a licence that includes a special authorization

an application fee equal to the total of

(i)

$200, and

(ii)

$100 for each motor vehicle for which a special authorization vehicle identifier and a vehicle identification certificate are, or are to be, issued as a result of the application

(a.1)

for an application for the issue, amendment or transfer of a licence that includes a general authorization

$200

(b)

for an application for the addition of motor vehicles to a licence that includes a special authorization or for the renewal of a licence that includes a special authorization

$100 for each motor vehicle for which a special authorization vehicle identifier and a vehicle identification certificate are, or are to be, issued as a result of the application

(b.1)

for an application for the renewal of a licence that includes a general authorization

$100

(c)

for an application to change rates applicable to a passenger directed vehicle

$200

(d)

for an application for a temporary operating permit

(i)

for 1 to 14 days

$25

(ii)

for 15 to 30 days

$50

(iii)

for 31 to 60 days

$75

(iv)

for 61 to 92 days

$100

(e)

for an application for a duplicate or replacement licence, vehicle identification certificate or special authorization vehicle identifier

$50

(2) The registrar must not charge a fee if a licence is altered by the registrar or the board on the registrar's or board's own motion.

(3) Repealed. [B.C. Reg. 192/2008, s. 6 (c).]

(4) An application fee required under this section for the issue of a licence must be paid as follows:

(a) subject to paragraph (b) of this subsection, the whole of the application fee referred to in subsection (1) (a) must be paid when the application is submitted;

(b) if, at the time the application is submitted, the number of vehicles referred to in subparagraph (ii) of subsection (1) (a) is not known or has not been approved by the board,

(i) the portion of the application fee referred to in subparagraph (i) of subsection (1) (a) must be paid when the application is submitted, and

(ii) the portion of the application fee referred to in subparagraph (ii) of subsection (1) (a) must be paid when the special authorization vehicle identifiers and vehicle identification certificates are issued.

(c) Repealed. [B.C. Reg. 192/2008, s. 6 (c).]

[am. B.C. Reg. 192/2008, s. 6.]

Fees payable to the board

25There must be paid to the board the following fees:

(a)

for each submission made to the board under section 27 (2) or (4) of the Act